Gov. McDonnell signs controversial fetal ultrasound measure

RICHMOND – As of July 1 women seeking an abortion in Virginia will have to undergo an ultrasound 24 hours before undergoing the procedure as Gov. Bob McDonnell signed the controversial fetal ultrasound measure into law Tuesday.

"Women have a right to know all the available medical and legal information surrounding the abortion decision before giving legally effective informed consent," McDonnell said. " Informed consent is already required prior to an abortion being performed in Virginia, based on the long standing health care concept that complete information about a medical procedure must be given to a patient before she can freely consent to a procedure."

Debate over the measure as it made it's way through the General Assembly lead to a number of large protests at the state Capitol, including one Saturday at which state police in riot gear arrested 30 protesters.

Opponents like Del. Jennifer McClellan, D-Richmond, have argued that the procedure is medically unnecessary and designed to be used as "emotional blackmail" to discourage women from getting abortions.

"I don't think the bill is necessary," McClellan said. "I've said before in some cases it's emotional blackmail, in other cases it's cruel. It's got a lot of problems. It puts politics above women and families."

The measure was amended during the legislative process at McDonnell's insistence to take out provisions that would have required women seeking an abortion during her first trimester of pregnancy to undergo an invasive transvaginal ultrasound.

The transvaginal ultrasound provisions made Virginia the focus of national media attention and the butt of jokes on late-night shows from "Saturday Night Live"to "The Daily Show with Jon Stewart"at a time when McDonnell who is seen as a contender for vice president was stumping around the country for GOP presidential candidate Mitt Romney.

The bill now requires a woman to receive a transabdominal ultrasound and the doctor performing the procedure must ask if she wants to see the ultrasound image. If a woman does not want to see the ultrasound she must sign a statement to that effect which becomes part of her medical record.

McClellan, along with Sen. Ralph Northam, D-Norfolk, who is a pediatric neurologist, have repeatedly argued that a transabdominal ultrasound is useless in the first few weeks of pregnancy – when the majority of abortions are performed.

"For the vast majority of those pregnancies a transabdominal ultrasound is not going to show you anything," McClellan said. "So you are forcing a woman to pay up to $1,500 for a picture of muscle."

Tarina Keene, executive director of NARAL Pro-Choice Virginia, who lobbied against the bill and whose organization has been involved in the protests against the measure said by ignoring opponents McDonnell and Republican lawmakers will face a political backlash.

"Governor McDonnell has ignored the will of the people," Keene said. "Instead of listening to thousands of concerned and reasonable women, he has responded by having them arrested and silenced. Virginia women won't forget."

The head of the anti-abortion group the Family Foundation of Virginia Victoria Cobb, who lobbied in favor of the measure, lauded lawmakers who voted for the fetal ultrasound bill.

"We are very pleased that the Governor ignored the hysterical rantings of the abortion industry and its defenders and signed this reasonable, common sense measure into law," Cobb said, "We also thank the legislators who stood strong in the face of misleading and vile attacks and voted to pass this important health care measure."